Medical Amnesty

Writer: Riya Misra

What Is Medical Amnesty?

Medical amnesty policies are typically present in colleges and universities and grant legal immunity to intoxicated minors who seek out medical assistance. At its core, medical amnesty emphasizes a healthy approach to substance abuse. When an underaged student overdoses on alcohol or drugs, the threat of law enforcement often deters them from seeking medical help; indeed, the fear of legal action has often led to senseless deaths at the hands of alcohol poisoning or drug overdose. Medical amnesty policies (also called Good Samaritan policies) remove this threat —students who seek medical attention for themselves or a friend are exempt from legal action that would otherwise lead to Minor in Possession/Consumption (MIP) charges. Without the looming pressure of disciplinary action, underage students can fully prioritize their health and seek treatment for substance abuse.

A “Get Out of Jail Free” Card

"This policy does not protect students who repeatedly violate college policies...The Deans also have the discretion to determine that this policy does not apply in more serious situations, including criminal possession of drugs, property damage, violence, etc.” indicates an increase in Emergency Medical Service (EMS) calls, but no increase in underage drinking levels.

To be eligible for medical amnesty, the majority of schools require students to enroll in treatment programs or complete drug education activities. In fact, an extensive study from Cornell University revealed that over the course of a year, medical amnesty policies on campus had increased psycho-educational substance abuse intervention from 22% to 52%.

It’s also important to note that medical amnesty does not guarantee zero repercussions. A survey conducted by Sarah Puckett of UVA indicates that students may still face legal action for disorderly conduct, destruction of property, possessing a fake ID, distributing and selling drugs, and other infractions. Additionally, a student who uses medical amnesty more than once may face additional disciplinary consequences.

Medical Amnesty Policies

Given the inherently subjective nature of medical amnesty cases, a valid question comes up: how do institutions clarify their policies? According to a Students for Sensible Drug Policy (SSDP) policy guide, medical amnesty policies must establish legal protections for both the victim and caller in a medical emergency, grant amnesty for both alcohol and drug abuse, and prioritize psycho-educational intervention over disciplinary action. Specific policy nuances will vary from school to school. An excerpt from Amherst College’s medical amnesty policy is shown below:

“Because the safety and welfare of students is the college’s priority, the college has instituted a medical amnesty policy. This policy is applicable to the following parties: 1) student requesting medical assistance for oneself; 2) student requesting medical assistance for another person; 3) student for whom medical assistance was provided.

When responding to such AOD (alcohol or drug) violations, the college will consider the student’s decision to request medical assistance...as good judgment, therefore not deserving of the typical range of AOD sanctions... Referral for AOD education still applies, and, in some instances, parental notification.

This policy does not protect students who repeatedly violate college policies...The Deans also have the discretion to determine that this policy does not apply in more serious situations, including criminal possession of drugs, property damage, violence, etc.”

In Conclusion, medical amnesty does not exempt students from a variety of repercussions that accompany underage drinking. But, by eliminating the threat of legal action for underage drinking, students won’t have to compromise their health in life-threatening situations. Cornell’s methodology says it best: medical amnesty simply “reduces barriers to seeking assistance.”

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Sources:

“911 Good Samaritan Policy Guide.” Students for Sensible Drug Policy (SSDP).

Hanson, David J. “Alcohol Amnesty Policies (Medical Amnesty) Save College Student Lives.” Alcohol Problems & Solutions, Alcohol Problems & Solutions, 3 Oct. 2019, www.alcoholproblemsandsolutions.org/alcohol-amnesty-policies/.

“Medical Amnesty and Good Samaritan Policies.” The Gordie Center, University of Virginia, gordie.studenthealth.virginia.edu/gordie/medical-amnesty.

“The Medical Amnesty Initiative.” Medamnew, The Medical Amnesty Initiative, www.medicalamnesty.org/.

Puckett, Sarah. “Medical Amnesty Policy Survey.” University of Virginia's Center for Alcohol and Substance Education.